- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Adults with Incapacity (Scotland) Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
(1)This section applies where an individual has or individuals have been appointed as a withdrawer in relation to an adult.
(2)Where this sections applies, another individual may apply to the Public Guardian for appointment as a joint withdrawer.
(3)An application under subsection (1) must be signed by the existing withdrawer.
(4)Where the Public Guardian grants an application under subsection (1), the Public Guardian must—
(a)enter prescribed particulars in the register maintained by the Public Guardian under section 6(2)(b)(iii); and
(b)issue a certificate of authority (a “withdrawal certificate”) to the existing withdrawer and the applicant.
(5)Subject to sections 31(2) and 31A, a certificate issued under subsection (4)(b) is valid until the date on which the withdrawal certificate held by the existing withdrawer would cease to be valid under section 31(1) or 31E(6), as the case may be (regardless of any subsequent extension, reduction, termination or suspension of the existing withdrawer's authority).
(6)In this section, “the existing withdrawer” means the individual or individuals mentioned in subsection (1).
(7)In this Part, where two or more individuals are appointed as withdrawers, each individual is referred to as a “joint withdrawer”.
(1)Joint withdrawers may, subject to subsection (2), exercise their functions individually, and each joint withdrawer is liable for any loss incurred by the adult arising out of—
(a)the joint withdrawer's own acts or omissions; or
(b)the joint withdrawer's failure to take reasonable steps to ensure that another joint withdrawer does not breach any duty of care or fiduciary duty owed to the adult.
(2)Where more than one joint withdrawer is liable under subsection (1), they are liable jointly and severally.
(3)A joint withdrawer must, before exercising any function conferred on the joint withdrawer, consult the other joint withdrawers, unless—
(a)consultation would be impracticable in the circumstances; or
(b)the joint withdrawers agree that consultation is not necessary.
(4)Where joint withdrawers disagree as to the exercise of their functions, one or more of them may apply to the Public Guardian for directions.
(5)Directions given by the Public Guardian in pursuance of subsection (4) may be appealed to the sheriff, whose decision is final.
(6)Where there are joint withdrawers—
(a)a third party in good faith is entitled to rely on the authority to act of any one or more of them; and
(b)section 31A(5) (interim authority) only applies where the Public Guardian terminates the authority of all of the joint withdrawers.
(1)In any case where an individual is issued with a withdrawal certificate (“a main withdrawer”), the Public Guardian may, on an application by the main withdrawer, appoint another individual (“a reserve withdrawer”) to act as a withdrawer in the event of the main withdrawer temporarily becoming unable to act.
(2)An application for appointment of a reserve withdrawer may be made at the time of the application under section 25 for a withdrawal certificate or at any later time.
(3)The application for appointment as a reserve withdrawer must be signed by the proposed reserve withdrawer.
(4)Where the Public Guardian grants the application, the Public Guardian must enter prescribed particulars in the register maintained by the Public Guardian under section 6(2)(b)(iii).
(a)a reserve withdrawer has been appointed under section 26D; and
(b)the main withdrawer considers that the main withdrawer is or will be unable to carry out some or all of the main withdrawer's functions under this Part,
the main withdrawer may notify the Public Guardian that the main withdrawer wishes the Public Guardian to authorise the reserve withdrawer to intromit with the adult's funds for a specified period.
(2)Where a reserve withdrawer becomes aware that the main withdrawer is unable—
(a)to carry out some or all of the main withdrawer's functions in relation to intromitting with the funds concerned; and
(b)to notify the Public Guardian under subsection (1),
the reserve withdrawer may apply to the Public Guardian for a certificate authorising the reserve withdrawer to intromit with the adult's funds for a specified period.
(3)The Public Guardian, on being notified under subsection (1), must or, on an application under subsection (2), may—
(a)enter prescribed particulars in the register maintained by him under section 6(2)(b)(iii);
(b)issue a certificate of authority (a “withdrawal certificate”) to the reserve withdrawer; and
(c)notify the adult and the main withdrawer.
(4)The certificate issued under subsection (3)(b) is—
(a)valid for the specified period, or such shorter period as the Public Guardian thinks fit, but does not extend beyond the date on which the validity of the withdrawal certificate issued to the main withdrawer would cease under section 31(1) or 31E(6), as the case may be;
(b)suspended during any period when the authority of the main withdrawer is suspended;
(c)terminated if the authority of the main withdrawer is terminated.
(5)The main withdrawer and the reserve withdrawer are liable (jointly and severally) for any loss incurred by the adult arising out of the reserve withdrawer's acts or omissions.
(6)In this section, “specified” means specified in the notice or, as the case may be, application.]
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: